CALVIN TUNNELL ESTATE
                          CHANCERY SUIT


State of Illinois,   (
County of Greene.    : ss.         In the Circuit Court,
                     (        September Term A. D. 1906.

Elvira A. Tunnell Lyons, et al.  (
            v.                   :    No. 65.
Laura Alice Tunnell, et al.   (

     And now on this the 23d day of October A. D  1906, the same
being one of the judicial days of said Term of said Court, came again
the complainants herein, namely, Elvira A. Tunnell Lyons, Nancy
Tunnell Summers, Jane E. Witt Ball, Elzina Witt Ball, Flora E.
Bethel, Arthur
M. Freels, Alice T. Freels, Mary Tunnell Boyle, Estella Tunnell
Trabue, Flora Tunnell, Susan J. Summers Ozbun, Charlotte E. Summers
Linder, Annie Mary Witt, Maria Irene W. Boyd, Henry J. Witt and Susan
J. Tunnell Wood, by their Solicitors, J. M. Freels, M. V. Joyce and
Thomas Henshaw, and H. C. Withers, Esq., Guardian Ad Litem for the
infant defendants Chester N. Minns, Ralph F. Minns, Mary Minns, Paul
Minns and William Leslie Tunnell, and also the defendant Charles
Tunnell, by Charles A. Haggart, his Solicitor, and it appearing to
the Court, and the Court finds, from the writ of summons herein
issued to the Sheriff of said Greene County, and his return thereon,
that the defendants Laura Alice Tunnell, Effie Tunnell, Charles
Scoggins and William Pence have been regularly served with summons
herein more than ten days prior to the first day of the present term
of this Court.

     And it further appearing to the Court, and the Court finds, from
the writ of summons herein issued to the Sheriff of- Montgomery
County in the said State of Illinois, that the defendants James C.
Tunnell and
Frederick Van Fleet Tunnell have been regularly served with summons
herein more than ten days prior to the present term of this Court.

     And it further appearing to the Court, and the Court finds, that
the defendant Emma Tunnell Sweeney has waived service of summons upon
her in this cause and entered her appearance in writing at the
present term of this Court fully and for all purposes and consents
that a decree may be entered herein at the present term, or at any
subsequent term of this Court,  and that as full perfect and complete
proceedings may be had in this cause as though she had been served
with summons herein more than ten days prior to the first day of the
present term of this Court.

     And it further appearing to the Court, and the Court finds, from
the affidavit on file herein that the defendants Adaline Maude
Tunnell, Edward Lynn Tunnell and Ross A. Tunnell are not residents of
the said State of Illinois, and that their place of residence is at
number 902 Dauphan Street, in the City of Mobile, in the State of
Alabama; that the said defendant William C. Tunnell is not a resident
of the said State of Illinois, and that his place of residence is at
Marshall in the State of Oklahoma; that the said defendants Agnes B.
Minns Lester, Chester N. Minns, Ralph F. Minns, Mary Minns, Paul
Minns and Luther B. Tunnell, are not residents of the State of
Illinois, and that they now reside at Mc Pherson in the State of
Kansas; and that the said defendant Mary E. Robinette Farris is not a
resident of the said State of Illinois, and that she resides at Fair
Mount in the State of Oklahoma; that the said defendant Pleasant
Orson Robinette is not a resident of the said State of Illinois, that
he resides at 1014 Troost Avenue in Kansas City in the State of
Missouri; that the said defendant Jane Lois Robinette Vivion is not a
resident of said State of Illinois, and that her place of residence
is at 1916 Kansas Avenue in Kansas City in the State of Missouri,
that. said defendants William J. Robinette and Mary L. Smith are not
residents of said State of Illinois and that they reside at Lawson in
the State of Missouri; that said defendant Nancy Alice Bethel Titus
is not a resident of said State of Illinois, that she resides at
Hamberg in the State of Arkansas; that said defendant Mary Effie
Bethel is not a resident of said State of Illinois, that she resides
at number 428 West 2d Street, Los Angeles in the State of California;
that said Newell S. Tunnell is not a resident of said State of
Illinois, that he resides at Eureka in the State of  California; that
said defendant John A. Tunnell is not a resident of said State of
Illinois, that he resides at Isabel in the State of Kansas; that said
defendant Lucius B. Tunnell is not a resident of said State of
Illinois that he resides at Salt Lake City in Utah; that said
defendants James T. Summers, Wade T. Summers and Jackson L. Summers
are not residents of said State of Illinois, that they reside at
Mahaska in the State of Kansas; that said defendant Henry A. Tunnell
is not a resident of the said State of Illinois, that he resides at
Ganda in the State of Nebraska; that said defendant Charles Tunnell
is not a resident of said State of Illinois, that he resides at
Fairfax in the State of Oklahoma; that said defendant Sadie B.
Tunnell and William Leslie Tunnell are not residents of the State of
Illinois, and that they reside at number 126 Pattanolomie Street
Oklahoma City in the State of Oklahoma, and that the said defendant
Morris W. Robinette is not a resident of the said State of Illinois
and that his place of residence is unknown, and could not after
diligent inquiry of his relatives and friends at and near the place
and last known residence where said defendant formerly lived to learn
his present place of residence be ascertained.

     And it further appearing to the Court, and the Court finds, that
notice of the pendency of this suit was duly published in the
Carrollton Gazette, a weekly newspaper of general circulation,
printed and published in the City of Carrollton in said County of
Greene; that the first publication of said notice was on the 2d day
of August A. D. 1906 and after the filing of said affidavit herein;
that said notice was published as aforesaid, once in each week for
five successive weeks, and that the first publication of said notice
was more than thirty days prior to the first day of the present term
of this Court, and that each of said notices so published correctly
gave the title of this cause and the nature thereof, the names of the
parties thereto, the title of the Court wherein this cause was
pending and the term to which summons herein was made returnable, and
that the last publication of said notice was made on the 30th day of
August A. D. 1906.

     And the Court further finds from the certificate of the Clerk of
this Court herein filed that within ten days after the first
publication of said notice as above given, the said Clerk of this
Court sent by mail, postage prepaid, a true copy of said publication
notice to each of said non resident defendants at his or her address
respectively as above stated.

     And it further appearing to the Court, and the Court finds, that
Laura Alice Tunnell, by her Solicitor, F. A. .Whiteside, appeared
herein and demurred to the bill of complaint herein, and that said
demurrer was over-ruled by the Court, and the said Defendant Laura
Alice Tunnell ruled to answer said bill of complaint, and having
refused to do so her default herein was taken.

     And it further appearing to the Court, and the Court finds, that
the defendant Charles Tunnell appeared herein by his Solicitor
Charles A. Haggart and made answer to the bill of complaint herein.

     And it further appearing to the Court, and the Court finds, that
the defendants Chester N. Minns, Ralph F. Minns, Mary Minns, Paul
Minns and William Leslie Tunnell are infants under legal age, and
that by order of this Court Henry C. Withers, Esq., a practicing
attorney of this Court, was appointed by this Court as Guardian Ad
Litem for the said infant defendants, and that said Guardian Ad Litem
made answer to the bill of complaint herein.

     And it further appearing to the Court, and the Court finds, that
all of the other defendants not answering said bill of complaint
having been three times publically solemnly called to plead, answer
or demur to the bill of complaint herein filed came not, nor came any
one of them, or either of them, but herein made default, and it is
ordered, adjudged and decreed that the bill of complaint herein be
taken for confessed as against each of said defendants so making
default.

     And now this cause coming on to be heard upon the bill of
complaint herein, and the answers thereto, and the replications to
the several answers herein, and the defaults as above stated, and the
report of the testimony herein by the Master in Chancery of this
Court to whom this cause was referred for the taking of testimony,
and the exhibits therewith returned, and the files and records
offered in evidence, and the Court being now fully advised in the
premises in consideration thereof doth find, that the Court has
jurisdiction of the subject matter
hereof and of all the parties to this proceeding; that Calvin
Tunnell, late of Greene County, Illinois, now deceased, was at the
time of making his last will and testament, and also at the time of
his death, seized  in fee simple and possessed of the following
described real estate to wit:  The East Half of the North-east
Quarter of Section Thirty-three; also the East Half of the West Half
of the North-east Quarter of said Section Thirty-three; also the
North-west Quarter of Section Thirty-four, and Thirty acres off of
the South end of the West Half of the South-west Quarter of Section
Twenty-seven, containing in all Three Hundred Ten (310) acres, and
all situated in Township Ten (10), North, Range Twelve (12), West of
the Third Principal Meridian, in the County of Greene, in the State
of Illinois, and being so seized and possessed, as aforesaid, the
said Calvin Tunnell, a widower, departed this life on or about the
7th day of April A. D. 1867 leaving surviving him his nine children
and the four children of his son William A. Tunnell, deceased,
as hereinafter respectively named, his only heirs at law.

     And the Court further finds, that the said Calvin Tunnell, in
his life time, to-wit, on or about the 23d day of September A. D.
1865 made and published his last will and testament in due form of
law and duly authenticated to pass real estate; and in and by said
last will and testament the said Calvin Tunnell did, among other
things, give and devise to his son Andrew J. Tunnell as estate in fee
determinable in all of the above described premises, under the
description of "the farm on which he now resides being my old
homestead containing about Three Hundred and Ten acres," which said
old homestead farm imbraces and includes therein all of the said
tracts and pieces of real estate above described, which said bequest
to said Andrew J. Tunnell the said testator did not in and by his
said last will and testament make in fee simple, but on condition,
that said Andrew J. Tunnell pay to said estate of Calvin Tunnell the
sum of two thousand dollars and on the further condition and with the
restriction that if the said Andrew J. Tunnell should die leaving no
issue living at the time of his death the said legacy bequeath to him
shall remain in the said testator's estate and be  distributed among
all of testator's heirs equally as in testate estate.

     And the Court further finds, that the said last will and
testament of the said Calvin Tunnell was on or about the 19th day of
April A. D. 1867 presented to the County Court of Greene County,
Illinois, for Probate, and duly proved and probated and ordered filed
and recorded by the County Court of said Greene County, and that said
will is in full force and effect and that said Andrew J. Tunnell paid
to said estate of Calvin Tunnell deceased said sum of Two Thousand
Dollars as required in said will.

     And the Court further finds, that the said Andrew J. Tunnell
remained in possession of said premises until his death and with his
wife Laura Alice Tunnell, resided on said premises, and said Laura
Alice Tunnell still resides thereon, and on, to-wit the 30th day of
May A. D. 1906, the said Andrew J. Tunnell departed this life
intestate and without leaving issue living at the time of his death,
the said Andrew J. Tunnell never having had any children or issue;
that upon the death of the said Andrew J. Tunnell leaving no issue
his interest in said premises above described, which was merely an
estate in fee determinable, ended, and his widow, Laura Alice
Tunnell, has no interest therein, except she resides thereon and is
now occupying the same by the permission and at the pleasure of the
heirs of said Calvin Tunnell, deceased, and the fee simple title in
and to all of said described real estate on the death of the said
Andrew J. Tunnell, as aforesaid, passed to and became fully vested in
fee simple in the remaining children and heirs of said Calvin
Tunnell, deceased which said heirs of said Calvin Tunnell, deceased,
and their interests in fee as tenants in common in all of said
premises are as follows:

     The children and heirs of William A. Tunnell, a deceased son of
said Calvin Tunnell, and being also the heirs of said Calvin Tunnell,
are together entitled to an undivided one-ninth (1/9) part of said
premises as follows:  Emma Tunnell Sweeney and Effie Tunnell,
daughters of said William A. Tunnell, is each seized in fee simple of
an undivided one-thirty-sixth (1/36) part of said premises; Adeline
Maude Tunnell and Edward Lynn Tunnell, children and only heirs of
Allen Morse Tunnell, a deceased son of said William A. Tunnell, is
each seized in fee simple of an undivided one-seventy-second (1/72)
part, of said premises; that Ross Augustus Tunnell, only child and
heir of Newton Tunnell, a deceased son of said William A. Tunnell,
deceased, is seized in fee of an undivided one-thirty-sixth (1/36)
part thereof.

     The Court further finds, that Daniel L. Tunnell, a son of said
Calvin Tunnell, departed this life leaving surviving him his sons
William C. Tunnell and Luther Benton Tunnell, and also heirs of
Calvin Tunnell, each of whom is seized in fee simple of an undivided
one-thirty-sixth (1/36) part of said premises; also his grand-
children Charles Tunnell, William Leslie Tunnell and Sadie B.
Tunnell, being the  only children and heirs at law of his son Prior
D. Tunnell, and also heirs of said Calvin Tunnell, each of whom is
seized in fee simple of an undivided one-one hundred and eighth
(1/108) part of said premises, and also his great grand-children
Agnes b. Minns Lester, Chester N. Minns, Ralph F. Minns, Mary Minns
and Paul Minns, being the only children of Emma Young Minns, a
deceased daughter of Mary C. Tunnell Young, a deceased daughter of
said Daniel L. Tunnell, being also the heirs of Calvin Tunnell, each
of whom is seized in fee simple of an undivided one-one hundred
eightieth (1/180) part thereof.

     The Court also finds, that Polly Tunnell Witt, a deceased
daughter of said Calvin Tunnell, departed this life intestate,
leaving surviving her her daughters Jane E. Witt Ball and Elzina Witt
Ball her only children, who are also heirs of said Calvin Tunnell,
deceased, each of whom is seized in fee of an undivided one-twenty-
seventh (1/27) part of said premises; also her grand-children Annie
Mary Witt, Maria Irene W. Boyd and Henry J. Witt, the children and
only heirs of her deceased son Andrew J. Witt, being also heirs of
said Calvin Tunnell, deceased, each of whom is seized in fee simple
of an undivided one-eighty-one (1/81) part thereof.

     And the Court further finds, that Eliza J. Tunnell Witt, a
daughter of said Calvin Tunnell, departed this life leaving  her
surviving her daughter Mary L. Witt Smith, who is an heir of said
Calvin  Tunnell, deceased, and is seized in fee simple of an
undivided onetwenty-seventh (1/27) part of said premises; also her
grand children Mary E. Robinette Farris, Pleasant Orson Robinette,
William J. Robinette Morris W. Robonette and Jane L. Robinette
Vivion, the children and only
heirs of her deceased daughter Nancy J. Witt Robinette, and being
also heirs of said Calvin Tunnell, deceased, each of whom is seized
in fee simple of an undivided one-(inserted above one-hundred)thirty-
fifth (1/35) part of said premises; also her grand children Nancy
Alice Bethel Titus, Mary Effie Bethel and Flora E. Bethel, children
and only heirs of her deceased daughter Emma Witt Bethel, being also
heirs of said Calvin Tunnell, deceased, each of whom is seized in fee
simple of an undivided one-eighty-first (1/81) part thereof.

     And the Court further finds, that Nancy Tunnell Summers,
daughter of said Calvin Tunnell, deceased, is seized in fee simple of
an undivided one-ninth (1/9) part of said premises.

     And the Court further finds, that John Tunnell, a son of said
Calvin Tunnell, deceased, departed this life intestate leaving him
surviving his children Mary Tunnell Boyle, Newell S. Tunnell, Estella
Tunnell Trabue, John A. Tunnell, Lucius B. Tunnell and Flora Tunnell,
being also heirs of said Calvin Tunnell, deceased, each of whom is
seized in fee simple of an undivided one-sixty-third (1/63) part of
said premises; also his grand children Arthur M. Freels and Alice T.
Freels, children and only heirs of his deceased daughter Alice
Tunnell Freels, being also heirs of said Calvin Tunnell, each of whom
is seized in fee simple of an undivided one one-hundred-twenty-sixth
(l/126) part of said premises.

     The Court further finds, that Elizabeth Tunnell Summers, a
daughter of said Calvin Tunnell, deceased, departed this life
intestate leaving Susan J. Summers Ozbun, Charlotte E. Summers
Linder, James Tunnell Summers, Wade T. Summers and Jackson L.
Summers, her only children and heirs at law her surviving, being also
the heirs of said Calvin Tunnell, deceased, each of whom is seized in
fee of an undivided one-forty-fifth (1/45) part of said premises.

     The Court further finds, that Calvin Tunnell, a son of said
Calvin Tunnell, deceased, departed this life leaving Henry A.
Tunnell, Susan Jane T. Wood, James C. Tunnell and Frederick Van Fleet
Tunnell, his only children and heirs at law him surviving, being also
the heirs of said Calvin Tunnell, deceased, each of whom is seized in
fee simple of an undivided one-Thirty-sixth (1/36) part of said
premises.

     And the Court further finds, that Elvira A. Tunnell Lyons, a
daughter of said Calvin Tunnell, is seized in fee simple of an
undivided one-ninth (1/9) part of said premises.

     And the Court further finds, that the living children of said
Calvin Tunnell, testator, deceased, as aforesaid, and the descendants
of the said deceased children above mentioned, parties to this suit
are the legatees and only heirs at law of said Calvin Tunnell,
deceased, and are seized in fee simple and entitled to said premises
as tenants in common; and that the several rights and interests of
each therein are as the right, interest and part of each above
severally have been stated and set forth; that no other person or
persons than the parties above named have any interest in or title to
the said described premises, or any part thereof, in possession,
remainder, reversion or otherwise; that  Charles Scoggins and William
Pence were at the time of the filing of the bill herein tenants upon
said premises from month to month, but have removed from said
premises and are no longer in possession of any portion thereof.

     The Court doth therefore, order, adjudge and decree that each of
the said Emma Tunnell Sweeney, Effie Tunnell, Ross Augustus Tunnell,
William C. Tunnell, Luther Benton Tunnell, Henry A. Tunnell, Susan
Jane T. Wood, James C. Tunnell and Frederick Van Fleet Tunnell is
each seized in fee simple and entitled to one-thirty-sixth (1/36)
part of said premises; that the said Adeline Maude Tunnell, Edward
Lynn Tunnell is each seized in fee simple and entitled to one-seventy
second (l/72) part of said premises; that each of the said Charles
Tunnell, William Leslie Tunnell and Sadie B. Tunnell is seized in fee
simple and entitled to one one-hundred Eighth (1/108) part of said
premises; that each of the said Agnes B. Minns Lester, Chester N.
Minns, Ralph F. Minns, Mary Minns and Paul Minns is seized in fee
simple and entitled to one one-hundred eightieth (1/180) part of said
premises that each of the said Jane E. Witt Ball, Elzina Witt Ball
and Mary L. Witt Smith is seized in fee simple and entitled to one-
twenty-seventh (1/27) part of said premises; that each of the said
Annie Mary Witt, Maria Irene W. Boyd, Henry J. Witt, Nancy Alice
Bethel Titus, Mary Effie Bethel and Flora E. Bethel is each seized in
fee simple and entitled to one-eighty-first (1/81) part of said
premises; that each of said Mary E. Robinette Farris, Pleasant Orson
Robinette, William J. Robinette, Morris W. Robinette and Jane L.
Robinette Vivion, is seized in fee simple and entitled to One one
Hundred Thirty-fifth (1/135) part of said premises; that each of the
said Nancy Tunnell Summers and Elvira A. Tunnell Lyons is seized in
fee simple and entitled to a one-ninth (1/9) part of said premises;
that each of the said Mary Tunnell Boyle, Newell S. Tunnell, Estella
Tunnell Trabue, John A. Tunnell, Lucius B. Tunnell and Flora Tunnell
is seized in fee simple and entitled to one-sixty-third (1/63) part
of said premises; that each of the said Arthur M. Freels and Alice T.
Freels is seized in fee simple and entitled to one-one hundred
twenty-sixth (1/126) part of said premises; that each of the said
Susan J. Summers Ozbun, Charlotte E. Summers Linder, James Tunnell
Summers, Wade T. Summers and Jackson L. Summers is seized in fee
simple and entitled to one-forty-fifth (1/45) part~of said premises.

     And the Court doth further order, adjudge and decree that a
division and partition of said premises be made, that O. P. Reynolds
J. A. Adine and Richard E. Ward neither of whom appear to be
connected with any of the parties, either consanguinity or affinity,
and who are entirely disinterested, be and they are hereby appointed
commissioners to make partition of said premises, each of said
commissioners shall take and subscribe an oath or affirmation fairly
and impartially to make partition of said lands according to the
rights and interests of the parties as declared by the judgment of
the Court, if the same can be done consistently with the interests of
the parties, or if the same can not be so divided without manifest
prejudice to the parties in interest that they will fairly and
impartially appraise the value of each piece or parcel of the
premises sought to be divided and a true report make to the Court,
the said commissioners are ordered to go upon the premises and make
partition of said lands, tenements and hereditaments, assigning  to
each party his or her share, quality and quantity relatively
considered, by metes and bounds or other proper description, and they
may employ a surveyor, with necessary assistants to aid therein; and
if said commissioners shall find that said premises are so
circumstanced that a division thereof can not be made without
manifest prejudice to the parties in interest they will fairly and
impartially appraise the value of each piece or parcel separately and
make report under their hands and seals to the Court.

Copy in file unsigned.

  GREENE COUNTY, ILLINOIS  CHANCERY PROCEEDINGS BOX 253  FILE #3


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